Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
HC held that issuance of only a Summary Show Cause Notice (SCN) in Form GST DRC-01 violates natural justice principles and fails to comply with Section 73(1) of AGST Act, 2017. The court emphasized that a Summary SCN cannot substitute a proper SCN as mandated under Section 73(1). The proper officer must issue a detailed SCN, statement under Section 73(3), and order under Section 73(9). Compliance with subsections (1) to (8) and (10) to (11) of Section 73 and Rule 142(1) are prerequisite conditions for a valid order under Section 73(9). Consequently, the impugned order dated 21.08.2024 was quashed due to non-issuance of proper SCN.
HC held that issuance of only a Summary Show Cause Notice (SCN) in Form GST DRC-01 violates natural justice principles and fails to comply with Section 73(1) of AGST Act, 2017. The court emphasized that a Summary SCN cannot substitute a proper SCN as mandated under Section 73(1). The proper officer must issue a detailed SCN, statement under Section 73(3), and order under Section 73(9). Compliance with subsections (1) to (8) and (10) to (11) of Section 73 and Rule 142(1) are prerequisite conditions for a valid order under Section 73(9). Consequently, the impugned order dated 21.08.2024 was quashed due to non-issuance of proper SCN.
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